7 East Road, Stratford, LONDON, E15 3QS

lawful use of the property as a Class C4 HMO

Authority: London Borough of Newham
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Jones R

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property changed to a Class C4 HMO at least ten years before the date of the application (16 April 2021) and then continued without material interruption for a period of at least ten years so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act

What decided it

The property experienced a material interruption in its Class C4 HMO use between 2015 and 2020, reverting to Class C3 single household use, which prevented the ten-year continuous immunity period from being established.

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